ROBERT WATT AND DAVID DOWNIE. CONVICTED OF HIGH TREASON.

WE are now arrived at an alarming period in the modern history of our country. Just engaged in the war with France, we were perplexed with disaffection at home, and threatened with invasion by our enemy. Confederate bodies of dissatisfied men were formed, from London to Edinburgh, and a systematic course of treason and correspondence was maintained until government stretched out its powerful arm to defeat their plans.

Watt and Downie were principals in the Scottish conspiracy, and their trial came on before the High Court of Justiciary, at Edinburgh, on the 3d of September 1794. Watt was first tried, when Mr. Anstruther stated the case on the part of the Crown. He began by observing, that such was the peculiar happiness of that country (Scotland), that they had been unacquainted with the law of treason for nearly half a century.

The laws of treason were now the same in England and Scotland, and the duty of the subjects of both kingdoms should be the same. Scotland, in this instance, had reaped much benefit by the Union, as her laws of treason, previous to that period, were much more severe. The act of Edward III. stated three distinct species of treason: 1. Compassing and imagining the death of the king; 2. Levying war against him; 3. Assisting his enemies. He would not trouble the Court or Jury with the two last: for the single species of treason charged in the present case was the compassing and imagining the death of the king; which was defined by the conceiving such a design; not the actual act, but the attempt to effect it. But the law which thus anxiously guarded the sovereign was equally favourable to the subject; for it did not affect him until that imagination was fully proved before “men of his condition.” An overt act of treason was the means used for effectuating the purpose of the mind: it was not necessary to prove a direct attempt to assassinate the king; for the crime was the intention, and the overt act the means used to effect it.

After explaining more fully the distinct species of treason which applied to the present case, Mr. Anstruther said that he trusted that if he could prove any design whereby the king’s life was put in jeopardy, that would be considered an overt act. He should now state the facts, upon which these principles of law were to be founded. The present conspiracy was not that of a few inconsiderable individuals; it had risen indeed from small beginnings, from meetings for pretended reforms. It had been fostered by seditious correspondence, the distribution of libellous writings, and had at last risen to a height, which, but for the vigilance of the administration, might have deluged the country, from one end to the other, with blood. The proceedings of these societies, calling, or rather miscalling, themselves Friends of the People, were well known: their first intention was apparently to obtain reform; but this not answering their purpose, they proceeded to greater lengths. He meant to detail the general plans and designs formed among the seditious, and then to state how far the prisoners were implicated in them.

The first dawning of this daring plan was in a letter from Hardy, secretary to the London Corresponding Society; to Skirving, the secretary to the Friends of the People in Scotland. He wrote that, as their petitions had been unsuccessful, they must use separate and more effectual measures; and Skirving answered, and admitted the necessity of more effectual measures, and said that he foresaw the downfall of this government. Here also was the first notice of a Convention; a measure which it was no wonder they were fond of, when they saw its effects in a neighbouring kingdom (France). They meant not to petition Parliament, but to proceed in their own plan, and to supersede the existing government of the country: and, in that case, the king’s life was put in danger.

Soon after, a Convention, a body unknown to the laws of this country, met; and in this there would have been little harm, had their views been peaceable; but their objects were avowedly unconstitutional, for their intention was to carry on their plans by force, and thus virtually to lay aside the prerogative of the king. This convention met, using all the terms and regulations adopted by the convention of another country. They meant not to apply to Parliament; for whenever that was mentioned, they proceeded to the order of the day. They resolved to oppose every act of Parliament which they deemed contrary to the spirit of the Constitution, and were determined to sit, until compelled to rise by a force superior to their own.

The Convention, indeed, was dispersed by the spirited conduct of a magistrate, (Provost Elder,) but another Convention was attempted to be called, who were to frame their own laws, and to be independent of the Legislature; or, as they said, independent of their plunderers, enemies, and oppressors, meaning the King, Lords, and Commons: their resolutions would prove that they meant to create a government of their own, to do away the authority of what they called hereditary senators, and packed majorities; all which proved the intention of putting the king’s life in danger.

But what, it might be said, was all this to the prisoner at the bar? who, surprising as it might appear, about two years before wrote letters to Mr. Secretary Dundas, offering to give information as to certain designs of the Friends of the People. Those letters were answered by that honourable gentleman with that propriety which had ever marked his public conduct. The prisoner then corresponded with the Lord Advocate, but since September 1793, this correspondence had ceased. Previous to that period, the prisoner was not a member of the Society of Friends of the People, nor of the British Convention; but his accession since to its measures, and the calling of another Convention, could be substantiated. A Committee of Correspondence, of which the prisoner was a member, was instituted by a new Convention, whose object it was to carry into effect the views of the last British Convention, and to elect delegates to a new one. Mr. Watt attended this committee, and coincided in its measures, which were expressly to supersede the Legislature. The prisoner had moved for a Committee of Union; and another was appointed, called the Committee of Ways and Means; of both which he was a member. This last was a Secret Committee, kept no minutes, was permanent, and empowered to collect money to support “the great cause.” Mr. Downie was appointed treasurer, and it was to be the medium through which all instructions and directions were to be given to all friends of the people throughout the kingdom, and was to procure information of the number of those that would spare no exertions to support the great cause. They corresponded with Hardy respecting the calling of a new Convention, which was to follow up the purposes of the old one; and, as the prisoner was present, he was in this way coupled with the British Convention.

Their next attempt was to debauch the minds of the soldiers, and to excite them to mutiny; for which purpose a paper was printed, and circulated among a regiment of Fencibles then at Dalkeith. This paper, which was evidently seditious, was brought home to the prisoner, for the types from which it was printed were found in his house, and a copy traced from him into the hands of a soldier.

The next charge to be brought against the prisoner, and the committee of which he was a member, was a distinct and deliberate plan to overturn the existing government of the country. The plan proposed was this:—A fire was to be raised near the Excise-office (Edinburgh), which would require the attendance of the soldiers in the Castle, who were to be met there by a body of the friends of the people; another party of whom were to issue from the West Bow, to confine the soldiers between two fires, and cut off their retreat; the Castle was next to be attempted; the judges (particularly the Lord Justice Clerk) were to be seized; and all the public banks were to be secured. A proclamation was then to be issued, ordering all the farmers to bring in their grain to market as usual; and enjoining all country gentlemen to keep within their houses, or three miles from them, under penalty of death. Then an address was to be sent to his majesty, commanding him to put an end to the war, change the ministers, or take the consequences. Such was the plan of the Committee of Ways and Means, as proposed by the prisoner.

Previous to this, it should have been mentioned that all the friends of the people were to be armed; for which purpose, one Fairley was despatched round the country to levy contributions, and disperse seditious pamphlets; for which he received particular instructions from the prisoner. Reports were spread through the same channel that the Goldsmiths’ Hall Association were arming, and that it was necessary for the friends of the people to arm also, for they would be butchered either by them or the French. It was proved that the prisoner gave orders to Robert Orrock to make four thousand pikes; and also to one Brown for the same purpose. These were to be used for completing the great plan; and Fairley’s mission was to inform the country of these intended proceedings. Another representative body was also formed, called “collectors of sense and money,” who were to have the distribution of the pikes, and to command the different parties.

Mr. Anstruther then recapitulated shortly the different heads, and concluded an elaborate and most clear and distinct pleading of more than two hours and a half, by requesting the jury to lay no farther stress on what he had said than it should be proved, as it was meant merely as a clue to the evidence which should be brought before them. Witnesses were then called who spoke to the facts alluded to by the learned counsel, and who proved to the fullest extent the charge made against the prisoner.

The evidence for the Crown being closed,

Mr. W. Erskine, junior counsel for the prisoner, proceeded to open the defence. He said that he would rest his defence upon the correspondence carried on between the Right Hon. Henry Dundas, the lord-advocate, and the prisoner, by which it would appear that he had attended the meetings of the Friends of the People with no other view than a design to give information of their proceedings. A letter from the prisoner to Mr. Secretary Dundas was read, which stated in substance that, as he did not approve of the dangerous principles which then prevailed in Scotland, and was friend to the constitution of his country, he thought it his duty to communicate to him, as a good subject, what information he could procure of the proceedings of those who styled themselves “Friends of the People.” From an acquaintance with several of the leading men among them, he flattered himself he had this in his power; and he then went on to mention some of the names of those leading men in Perth, Dundee, and Edinburgh. In the first of these places, he said, he had been educated, and had resided in the two last for a considerable number of years. It concluded with enjoining secrecy.

To this letter an answer was returned which was also read. It acknowledged the receipt of Mr. Watt’s; and after expressing a hope that things were not so bad as he represented, desired him to go on, and he might depend upon his communications being kept perfectly secret. Another letter from Mr. Dundas to Mr. M‘Ritchie, the prisoner’s agent, was next read in answer to one from Mr. M‘Ritchie, requesting of Mr. Dundas what letters he had of the prisoner’s. The answer was that all the letters he had received from Mr. Watt had been delivered to the lord-advocate.

The Lord-Advocate being sworn, in exculpation, he gave a distinct account of the transactions which he had had with the prisoner. He had conversed with him several times at his own lodgings; and he had at one time given him some information which he thought of importance. This was respecting the disaffection of some dragoons at Perth, which upon inquiry turned out to be ill-founded. In March 1793, his lordship said an offer had been made to him to disclose some important secrets, provided he would give the prisoner 1000l. This he absolutely refused. However, some time after the prisoner having informed him that he was much pressed for money to retrieve a bill of 30l., his lordship, who was then in London, not wishing he should be distressed for such a small sum, sent him an order for the payment of it. All this happened previous to the meeting of the convention, since which time he did not recollect to have seen or corresponded with the prisoner.

Upon this evidence it was contended by Mr. Hamilton, that the prisoner was engaged as a spy for government; and it was well known that a spy was obliged to assume not only the appearance of those whose secrets he meant to reveal, but even to take part in their proceedings in order to prevent a discovery. A spy in an army, he said, was obliged not only to assume the uniform of the enemy, but even to appear in arms; and it would be exceedingly hard indeed, if taken in a conflict, that he should be punished for discharging his duty. He concluded with hoping the jury would bring in a verdict finding the charges not proved.

The Lord-President, after clearly defining the laws of treason, summed up the evidence, narrating and explaining the various parts with much candour, and leaving it entirely to the jury to return such a verdict as their judgment should direct.

The jury withdrew about half-past five o’clock in the morning, and in about five minutes returned with a verdict—Guilty.

The trial lasted nearly twenty-two hours.

The case of Downie afterwards came on; and the jury after some time found him guilty, reconciling themselves to this verdict, by unanimously consenting to recommending him to mercy, which they did in a very strong manner.

Shortly after, the following awful sentence of the Court was passed upon these unfortunate men:—

“Robert Watt and David Downie, you have been found guilty of high treason by your peers. The sentence of the Court is, therefore, that you be taken from the place whence you came, from thence you shall be drawn on a sledge to the place of execution, on Wednesday the 15th of October, there to hang by your necks till you are both dead; your bowels to be taken out and cast in your faces; and each of your bodies to be cut in four quarters, to be at the disposal of his Majesty: and the Lord have mercy on your souls!”

The unfortunate prisoners received the dreadful sentence with much firmness and composure, and were immediately conducted to the Castle.

The prisoner Downie subsequently received a respite, and his punishment was changed for that of transportation for life; but Watt was ordered to be executed on the 15th of October.

On the appointed day, therefore, at half-past one o’clock, the two junior magistrates, with white rods in their hands, the Rev. Principal Baird, and a number of constables, attended by the town-officers, and the city-guard lining the streets, walked in procession from the Council-chamber to the east end of Castle-hill, when a message was sent to the sheriffs in the Castle, that they were there waiting to receive the prisoner.

The prisoner was immediately placed on a hurdle, with his back to the horse; and the executioner, with a large axe in his hand, took his seat opposite him at the further end of the hurdle.

The procession then set out from the Castle, the sheriffs walking in front, a number of county constables surrounding the hurdle, and the military keeping off the crowd. In this manner they proceeded until they joined the magistrates, when the military returned to the Castle, and then the procession was conducted to the place of execution.

When they had reached the Tolbooth door, the prisoner was taken from the hurdle, and carried into the prison, where a considerable time was spent in devotional exercise. He then came out upon the platform, attended by the magistrates, sheriffs, Principal Baird, &c.; and after a short time further being spent in prayer, he mounted the drop-board, and was immediately launched into eternity.

When the body was taken down it was stretched upon a table; and the executioner, with two blows of the axe, severed off the head, which was received into a basket, and then held up to the multitude, while the executioner called aloud, “There is the head of a traitor, and so perish all traitors!”

The body and head were then placed in a coffin and removed.

The execution was conducted throughout with the greatest solemnity, and the prisoner appeared to be deeply sensible of the awful situation in which he was placed. He was so emaciated that his appearance was entirely changed since his trial.

Robert Watt was born in the shire of Kincardine, and was at the time of his execution about thirty-six years old. He was the natural son of a Mr. Barclay, a gentleman of fortune and respectability; but like most other children of illegitimate parentage, he was brought up and educated under the name of his mother. He was, at about ten years of age, sent to Perth, where he received a very good education; and at the age of sixteen he engaged himself with a lawyer in that place; but being of a religious disposition, he was disgusted at his profession, and soon withdrew from the desk of his master. Soon after, he went to Edinburgh, and engaged as a clerk in a paper warehouse, where he lived happily and respectably for some years; but having a desire to share in the profits as well as the toils of the business, he wrote to his father, and prevailed upon him to assist him with some money, to enable him to procure a partnership with his master.

He then made proposals to the above purpose, which were, however, rejected by his employer; but being provided with money, he entered into the wine and spirit trade. His success in business continued very promising, until he was almost ruined by the commencement of the war. At this period his acquaintance with the Friends of the People commenced. Its unfortunate termination is already made known to our readers.